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High Court won't hear appeal over Backpage.com escort ads
Network News | 2017/01/09 13:35
The Supreme Court said Monday it won't hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.

The justices left in place a lower court ruling that said federal law shields Backpage from liability because the site is just hosting content created by people who use it.

The women say they were sold as prostitutes in Massachusetts and Rhode Island through advertisements for escort services on the site when they were as young as 15. They say Backpage is not protected by the Communications Decency Act because the company not only hosted the ads, but created a marketplace that makes child sex trafficking easier. Backpage has denied those allegations.



Court to unseal Clinton email search warrant
Network News | 2016/12/20 14:00
A federal court in New York is scheduled to release redacted copies Tuesday of the search warrant that allowed the FBI to dig into a trove of Hillary Clinton emails days before the presidential election.

The emails were found on a computer belonging to former U.S. Rep. Anthony Weiner, the estranged husband of a top Clinton aide.

A judge ruled Monday that the public had a right to see the warrant application, but said portions would be blacked out to conceal information about an ongoing investigation involving Weiner.

Federal agents have been probing his online contact with a teenage girl.

The discovery of the emails prompted FBI Director James Comey (KOH'-mee) to briefly reopen an investigation into Clinton's use of a private email server as secretary of state.



Former Ohio officer charged with murder due back in court
Network News | 2016/11/04 15:50
A former college police officer charged with murder in the fatal traffic-stop shooting of a black man is due back in court.

Hamilton County Common Pleas Judge Megan Shanahan set a Friday pretrial hearing, ahead of the planned start of jury selection on Oct. 25.

Twenty-six-year-old Ray Tensing faces charges of murder and voluntary manslaughter in the July 2015 shooting of 43-year-old Sam DuBose. The white officer, who has since been fired by the University of Cincinnati, pulled DuBose over near campus for a missing front license plate.

Tensing has pleaded not guilty. His attorney has said that his client feared being dragged under the car as DuBose tried to drive away.

Tensing is free on $1 million bond and hasn't attended earlier pretrial hearings this year.


Grassley: GOP can't stonewall a Clinton Supreme Court pick
Network News | 2016/10/20 20:27
Republicans "can't just simply stonewall" nominees to the Supreme Court even if the president making the choice is Democrat Hillary Clinton, says the GOP chairman of the Judiciary Committee in a reaffirmation of the Senate's advise-and-consent role on judicial picks.

Iowa Sen. Chuck Grassley's comments on Tuesday was a response to fellow Republican Sen. John McCain, who a day earlier vowed that Republicans would unite against any nominee Clinton puts forward if she becomes president. That unprecedented pledge raised the possibility that the Supreme Court would have to operate for four years of a Clinton term with one or more vacancies, rather than nine justices.

The court has had one vacancy for months since the death of Justice Antonin Scalia in February. Republicans have refused to consider President Barack Obama's nomination of Merrick Garland, arguing that the next president should fill the opening.

"I think we have a responsibility to very definitely vet — if you want to use the word vet — whoever nominee that person puts forward," Grassley told radio reporters in Iowa. "We have the same responsibility for (Donald) Trump. We know more the type of people Trump would nominate because he's listed 20. They fall into the category of strict constructionists. As I heard about Hillary on the last debate, the type of people she's going to appoint, I would say they're judicial activists."

He added that the new president should make the choice and "if that new president happens to be Hillary. We can't just simply stonewall."

McCain's comments came in an interview with Philadelphia talk radio host Dom Giordano to promote the candidacy of Sen. Pat Toomey, R-Pa., one of the more vulnerable GOP incumbents as Republicans scramble to hold onto their Senate majority.



Court fight over Ohio executions likely to focus on sedative
Network News | 2016/10/13 22:31
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.



US Supreme Court won't hear Arizona death sentence case
Network News | 2016/10/03 12:21
The U.S. Supreme Court's refusal to hear Arizona's appeal of a lower court ruling that overturned a convicted murderer's death sentence has opened the door for about 25 death row inmates to challenge their sentences.

The justices on Monday let stand the ruling that said Arizona unconstitutionally excluded evidence about James McKinney's troubled childhood and post-traumatic stress disorder that might have led to a lesser punishment.

The 9th U.S. Circuit Court of Appeals ruled last December that Arizona's causal nexus rule violated the Constitution. The rule required any mitigating evidence, such as mental illness or post-traumatic stress disorder, to be directly tied to the crime committed to be relevant in sentencing.



California Supreme Court to consider suit over Yelp review
Network News | 2016/09/24 22:17
The California Supreme Court agreed Wednesday to consider a lawsuit that Yelp.com warns could lead to the removal of negative reviews on the popular website.

The seven-member court voted unanimously Wednesday to take up an appeal by Yelp of a lower court ruling upholding an order requiring Yelp to remove posts against a San Francisco law firm.

Yelp wants the Supreme Court to overturn the ruling, saying that if it's allowed to stand, it will open the door for businesses to force the company to remove critical reviews.

Dawn Hassell, the law firm's managing attorney, says the business review website is exaggerating the stakes of her legal effort. She says it aims only to remove from Yelp lies by a former client that a judge determined were defamatory, not just negative.

Hassell referred comment Wednesday to her attorney, Monique Olivier, who said in a statement she was not surprised the Supreme Court has taken up the case given the "amount of attention" it has received.

"This case is not one of a 'bad review' " she said. "It is a case where a court adjudicated statements to be defamatory after receiving and reviewing evidence about the falsity of those statements."

Aaron Schur, Yelp's senior director of litigation, said the company looked forward to explaining to the court "how the lower court's decision is ripe for abuse, contradicts longstanding legal principles, and restricts the ability of websites to provide a balanced spectrum of views online."



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